Orphan Relative Visa (Subclass 117)

For the Child (Applicant)

Age and Marital Status

You must be under 18 years of age at the time you apply. You must be single — not married, engaged, or in a de facto relationship.

Parental Care Status

You must have no parent capable of caring for you. This means both of your parents must fall into one of these categories:

• Deceased
• Permanently incapacitated (unable to provide care due to medical, mental health, or other serious conditions)
• Of unknown whereabouts (cannot be found despite reasonable efforts)

If one parent is alive but unable to care for you due to permanent incapacity or disappearance, you may still qualify — provided your other parent also cannot care for you. However, if either parent is capable of caring for you but simply chooses not to, you will not qualify.

Location Requirement

You must be outside Australia when you apply and when the Department makes its decision. This is a strict requirement with no exceptions. If you enter Australia before the visa is granted, your application will be refused.

Consent to Migrate

You must have written consent from everyone who has legal authority to decide where you live, unless:

• The laws of your home country allow you to leave without consent, or
• An Australian court order permits your migration

Health and Character

If you are 16 years of age or older, you must meet the character requirement, which includes providing police certificates from every country where you have lived for 12 months or more in the last 10 years.

You and any dependent children applying with you must meet the health requirement, which is assessed through medical examinations arranged by the Department during processing.

Financial Obligations

You must not owe money to the Australian Government. If you do, any debts must be repaid or a formal arrangement to repay must be in place.

Best Interests Assessment

The Department may refuse your visa if it determines that granting it would not be in your best interests. This is a discretionary assessment based on your individual circumstances.

For the Sponsor (Australian Relative)

Eligible Relationship

Your sponsor must be one of the following:

• Sibling or step-sibling
• Grandparent or step-grandparent
• Aunt, uncle, step-aunt, or step-uncle

Cousins and more distant relatives cannot sponsor you. Step-equivalents of the above relationships are eligible.

Status in Australia

Your sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Settlement in Australia

Your sponsor must have been lawfully resident in Australia for at least two years at the time of visa application. Short trips outside Australia of up to four months do not break this two-year period. "Lawfully resident" includes periods of lawful temporary residence (such as on a temporary visa). Your sponsor can be outside Australia when you apply, provided they meet the two-year settlement requirement.

Age

Your sponsor must be 18 years of age or older.

Character and Child Protection

Your sponsor and their spouse or de facto partner must not have:

• A pending charge for a registrable offence (which will result in automatic refusal)
• A conviction for a registrable offence (which will result in refusal except in very limited circumstances)

Sponsorship Approval

Your sponsor's sponsorship must be approved before your visa can be granted. Sponsorship is a separate formal step in the process.

Support Obligations

Your sponsor must be willing and able to provide you with accommodation and financial support for your first two years in Australia.